Relitigating a signed custody agreement

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, sorry to hear you're going through this. Courts don't like changing things for the kid and your ex is going to have to prove why this change is in the child's best interest (so your defense needs to be that no change is in the child's best interest) or that his circumstances have changed enough that he cannot afford to pay anymore. The court will not like that your ex is doing this out of spite or to manipulate you into a larger change for your child.

IF the court agrees with your ex, ask for this to only go in effect after next school year so you can apply for Financial Aid. Have this new order written down and apply for financial aid at your private school with the change, excluding his income with your new custody arrangement as proof.

It appears that OP has one child, and earns at least 400K (half of the top 1% salary) and gets substantial child support.

While I agree that Dad isn't being reasonable, and should pay his share, I can't imagine she'll get financial aid with that profile.

OP. Hi, I was wrong. I make $230K and he makes over $500K. So we were close to 1% combined but not separately. So while I cannot full pay private he can easily afford his share.

You make 230k and cannot afford full-pay private?

Uh, yeah you can. You may not WANT to pay that much, but you absolutely CAN afford it.

Plus child support.

[Anonymous]

Definitely contact your lawyer, but I wouldn’t worry very much about this unless there’s pertinent information you haven’t shared here. There’s no new compelling reason to make your child move far away and your ex isn’t claiming he can’t pay the tuition. He just wants to use court ordered tuition as a cudgel to get what he wants. I can’t imagine a court thinking highly of that tactic.

[Anonymous]

Anonymous wrote:Definitely contact your lawyer, but I wouldn’t worry very much about this unless there’s pertinent information you haven’t shared here. There’s no new compelling reason to make your child move far away and your ex isn’t claiming he can’t pay the tuition. He just wants to use court ordered tuition as a cudgel to get what he wants. I can’t imagine a court thinking highly of that tactic.

This. And talk to your lawyer about seeking bad faith attorneys fees.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Im not getting a huge amount of child support at all. It’s based on his old income not the current income.

Is paying for private school part of the agreement?

Private school is part of the custody order.

Paying his part of college is part of the marital settlement.

I suspect you are misunderstanding something about private school being in the custody order rather than the support order. Or do you have a unified order that addresses custody and support? Either way it's still the support portion of the order that he would ask to modify.

What state are you in?

Unified order that addresses custody and support.

College is separate and in the marital settlement.

PP here and what state are you in?